4.1 Chain of responsibility

4.1.1       In general, transport operations using CTUs in particular, involve various parties each of whom have a responsibility to ensure that the cargo is transported through the supply chain without incident. Notwithstanding any national legislation or contracts between the involved parties the chain of responsibility discussed below identifies functional responsibilities of the parties involved.

4.1.2       Although the carrier generally, in a contract of carriage is responsible under that contract to deliver the cargo in the same condition as received, it is the shipper who should deliver a cargo which is safe and suitable for transport. Thus, the shipper remains responsible for any deficiency of the CTU that is a result of poor packing and securing. However, when the shipper is neither the packer nor the consignor, the packer and the consignor should fulfil their obligation to the shipper ensuring that the CTU is safe for transport. If not the shipper may hold those parties responsible for any faults or deficiencies that can be attributed to poor packing, securing, handling or reporting procedures.

4.1.3       Within this chain of responsibilities, each party in the chain should comply with their individual responsibilities and in doing so increase safety and reduce the risk of injury to persons involved in the supply chain.

4.1.4       All persons involved in the movement of CTUs also have a duty to ensure, in accordance with their roles and responsibilities in the supply chain, that the CTU is not infested with plants, plant products, insects or other animals, or that the CTU is not carrying illegal goods or immigrants, contraband or undeclared or misdeclared cargoes.

4.1.5       The supply chain is a complex operation and individual modes of transport may have defined terms for parties within the supply chain which are not consistent with other modes of transport.

4.1.6       A single entity may undertake one or more of the functions listed below. The flow of information between the functions is discussed further in annex 1.